[HISTORY: Adopted by the Clarkson Town Board: Art. I, 7-25-1979 by L.L. No. 2-1979; Art. II, 12-22-1992 by L.L. No. 6-1992. Amendments noted where applicable.]
Article I Notification of Defects
Article II Procedures for Doing Work Within Town Highway Right-of-Way
[Adopted 7-25-1979 by L.L. No. 2-1979]
No civil action shall be maintained against any town or Town Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge or culvert was actually given to the Town Clerk or Town Superintendent of Highways and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of; but no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge or culvert, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Superintendent of Highways and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
The Town Superintendent of Highways shall transmit, in writing, to the Town Clerk, within five days after the receipt thereof, all written notices received by him pursuant to this Article and Subdivision 2 of § 65-a of the Town Law. The Town Clerk shall cause all written notices received by him or her pursuant to this Article and Subdivision 2 of § 65-a of the Town Law to be presented to the Town Board within five days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner.
This chapter shall supersede in its application to the Town of Clarkson Subdivisions 1 and 3 of § 65-a of the Town Law.
[Adopted 12-22-1992 by L.L. No. 6-1992]
The purpose of this article is to establish a procedure for the work to be done on the town highways of the Town of Clarkson, Monroe County, New York. It is the intent of this article to control access to the highways of the Town of Clarkson and to protect the health, safety and welfare of the citizens of the Town of Clarkson and to protect and preserve the highways, water, sewage, drainage, sidewalk and lighting facilities which have been, or will be, dedicated to the Town of Clarkson.
As used in this article, the following terms shall have the meanings indicated:
- SUPERINTENDENT OF HIGHWAYS
- The individual serving as Superintendent of Highways pursuant to § 20 of the Town Law.
- TOWN HIGHWAY RIGHT-OF-WAY
- The entire width between the boundary line of all property which has been, or is proposed to be, dedicated to the Town of Clarkson for highway purposes.
Except in connection with the construction, reconstruction maintenance or improvement of a town highway, no person, firm or corporation shall construct or improve, within the town highway right-of-way, an entrance or connection to such highway or construct within the town highway right of way any works, structure or obstruction or any overhead or underground crossing thereof, or lay or maintain therein underground wires or conduits or drainage, sewer or water pipes, except in accordance with the terms and conditions of a work permit issued by the Superintendent of Highways.
The Superintendent of Highways shall, subject to approval by the Town Board after public hearing, establish regulations governing the issuance of highway work permits to protect the interests of the Town of Clarkson during the performance of work pursuant to a highway work permit. With respect to driveway entrance permits, the regulations shall take into consideration the prospective character of the development, the traffic which will be generated by the facility within the reasonably foreseeable future, the design and frequency of access to the facility, the effect of the facility upon drainage as related to existing drainage systems, the extent to which such facility may impair the safety and traffic-carrying capacity of the existing town highways and any proposed improvement thereto within the reasonably foreseeable future and any standards governing access, nonaccess or limited access which have been established by law or regulation by the Town of Clarkson.
The Superintendent of Highways signature shall be required on all subdivision maps prior to the final unconditional approval of the Planning Board. Said signature shall evidence that the Superintendent of Highways has reviewed and approved the subdivision and its impact on the Town Highway system as is required above.
The Town Board from time to time by resolution shall establish fees for the issuance of highway work permits.
If in the opinion of the Superintendent of Highways, a deposit of money, letter of credit or performance bond is required to guarantee the performance of the work, including a sums for any subsequent damage caused by the work performed, the Superintendent of Highways shall refer said matter to the Town Board, together with the Superintendent of Highway's recommendation as to the amount, form, duration and terms of said security. The Town Board shall, upon notice to the applicant, who shall be given an opportunity to be heard, consider the application and decide on the matter after discussion thereof. Nothing contained herein is intended to require an applicant to post duplicate security for the same job, and nothing herein is intended to abrogate the authority of the Planning Board to require security pursuant to § 277 of the Town Law.
For any and every violation of the provisions of this article, the person, firm or business violating such article shall be guilty of a misdemeanor punishable by a fine not to exceed $500 and/or imprisonment not to exceed 15 days, or both. Each day's violation shall constitute a separate additional violation. In addition, the town may maintain an action or proceeding in a court of competent jurisdiction to recover damages sustained and/or compel compliance with or to restrain by injunction the violation of the provisions of this article.